NYCHA Withheld Subsidy

July 31, 1996

LVT Number: 10797

Landlord sued to evict tenant for nonpayment of rent. Tenant received a Section 8 rent subsidy and had paid his portion of the rent. But NYCHA had withheld tenant's rent subsidy for six months, seemingly because of tenant's actions. Tenant still wasn't required to pay more than his share of the rent under his subsidy agreement. Landlord asked the court to force NYCHA to pay the subsidy, which it had decided not to pay. The court ruled against landlord. The housing court had no authority to question NYCHA's decision regarding payment of tenant's rent subsidy.

Landlord sued to evict tenant for nonpayment of rent. Tenant received a Section 8 rent subsidy and had paid his portion of the rent. But NYCHA had withheld tenant's rent subsidy for six months, seemingly because of tenant's actions. Tenant still wasn't required to pay more than his share of the rent under his subsidy agreement. Landlord asked the court to force NYCHA to pay the subsidy, which it had decided not to pay. The court ruled against landlord. The housing court had no authority to question NYCHA's decision regarding payment of tenant's rent subsidy.

Scharfman v. Aleman: NYLJ, p. 32, col. 1 (7/3/96) (Civ. Ct. Kings; Gould, J)

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